HARBIR SINGH Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) THIS revision is directed against the order dated 24.9.2003 passed by the learned S.D.J.M., Bhubaneswar in G.R. Case No. 679/2003 rejecting the prayer of the Petitioner for further investigation of the case.

(2.) THE Petitioner is the information G.R. Case No. 679/2003 pending the Court of S.D.J.M., Bhubaneswar. In that case after investigation the police authority submitted charge sheet under Sections 451, 427,323/34, I.P.C. arraying the present opp. parties No. 2 to 4 as accused persons. The Petitioner made a prayer under Section 173 Sub -section (8) of the Code of Criminal Procedure to the S.D.J.M., Bhubaneswar to direct further investigation into the case on the plea that the investigating authorities have deliberately omitted the graver offences alleged and have submitted final form for minor bailable offences only. After hearing the parties on the petition, the learned S.D.J.M. by order dated 24.9.2003 rejected the prayer for further investigation. Aggrieved by that order, the present revision has been filed by the Petitioner.

(3.) MR . Routray, learned Addl. Govt. Advocate appearing for the State -opp. party No. 1, on the other hand, submits that after submission of the final form, the I.O. may undertake further investigation after obtaining permission from the concerned Magistrate, but the Magistrate on his own cannot direct the I.O. to under take further investigation or to submit charge sheet for more or graver offences. He submits that when the police authorities have submitted the final form in the case after thorough investigation, further investigation into the case is unwarranted. In substance, he supports the impugned order.